The widow of a Nairobi businessman accused of murdering her husband while on family holiday in Watamu four years ago is set to know her fate on December 3 this year.
Amina Shiraz, the widow of the late Jimmy Baburam, will either have a case to answer and be placed on defense or be acquitted.
She is accused of murdering Baburam, who died in unclear circumstances at Amani Villas of Medina Palms Resort in Malindi on July 26, 2015.
Shiraz was charged alongside her alleged American lover, Jacob Schmazle, a suspect on the run.
Mombasa High court issued a warrant of arrest against him in 2018, and was placed on Interpol’s wanted list.
On Wednesday, October 9, 2019, the prosecution, defense and Baburam’s family appeared before Mombasa High Court Judge Dorah Chepkwony to give highlights of their written submissions.
Shiraz’s lawyer, Ahmednasir Abdullahi, urged the court to acquit his client, arguing the prosecution had failed to prove beyond reasonable doubt that the accused had a case to answer.
He said the relevance of the evidence presented in court by 18 witnesses was a waste of time.
Senior Assistant Director of Public Prosecution Vincent Monda, however, dismissed the submissions by Abdullahi, terming them as baseless.
Monda told the court that among those lined up as witnesses was a person who allegedly saw the widow and her said lover drowning Baburam in the swimming pool on the fateful night.
The State counsel dismissed claims that the deceased’s father, David, was behind a scheme to have Shiraz jailed in a bid to ensure he remained as a beneficiary of his son’s vast estate.
Monda submitted that Shiraz and her alleged American lover killed the Nairobi businessman and deserve to be put on their defense.
He said Shiraz initiated property succession and listed her siblings and father as the estate’s heirs, omitting her father-in-law.
The DPP said the widow’s father-in-law did not contract anyone to implicate Shiraz in the murder, but only wanted to know what transpired on the day his son died.
Monda also dismissed Abdullahi’s assertions that the witnesses were coached to give false testimonies.
He cited witnesses, including a security guard at Amani Villas, who allegedly saw Baburam being drowned.
The prosecution also cited M-Pesa messages between Shiraz and one Sergeant Abdi Shee as evidence of her link to the murder. The prosecutor claims Shee was hired to conceal evidence.
Monda further said Shiraz and her alleged lover were in a sexual relationship and it was Shiraz who invited him over to the couple’s villa on the day Baburam died.
Nashid Maru, Baburam’s family lawyer, said the death has hit the family hard, and the long search for justice has taken toll on their wellbeing.